Immigration Rules: Spouses and Partners 9.30 am Stuart C.
McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
I beg to move, That this House has considered immigration
rules for spouses and partners. It is a pleasure to see you
in the Chair, Ms Ryan, as we debate what I believe is a vital issue
to...Request free trial
Immigration Rules: Spouses and Partners
9.30 am
-
(Cumbernauld,
Kilsyth and Kirkintilloch East) (SNP)
I beg to move,
That this House has considered immigration rules for
spouses and partners.
It is a pleasure to see you in the Chair, Ms Ryan, as we
debate what I believe is a vital issue to revisit and
reconsider. It affects the family lives of many thousands
of our constituents in a most intrusive way, and it calls
on us to consider where our priorities really lie: in
pursuing utterly misguided targets at all costs, or in
protecting people’s human rights and the best interests of
children? I understand that this is the first time
Parliament has considered the matter since a few months
after the draconian new rules were introduced in July 2012,
so the debate is overdue.
I want to thank those colleagues who helped me secure the
debate, particularly my hon. Friend the Member for
Inverclyde (Ronnie Cowan), who accompanied me to the
Backbench Business Committee? I also thank the right hon.
Member for Orkney and Shetland (Mr Carmichael), the hon.
Members for Stretford and Urmston (Kate Green), for
Bradford West (Naz Shah), for Brighton, Pavilion (Caroline
Lucas), for South Down (Ms Ritchie) and for Bedford
(Richard Fuller), and my hon. Friends the Members for
Dumfries and Galloway (Richard Arkless), for Paisley and
Renfrewshire North (Gavin Newlands), for Rutherglen and
Hamilton West (Margaret Ferrier) and for Lanark and
Hamilton East (Angela Crawley) for their support. That is
MPs from six different parties and representing everywhere
from Shetland to Brighton and from Bedford to South Down,
and it is great to see other MPs here today. This issue
affects and concerns all corners of the UK and those from
all walks of life. Few MPs will not have had at least one
tragic constituency case; most will have had several.
Right now, the judges of the Supreme Court are busy again
deciding whether the rules are in fact illegal and in
breach of human rights. They might force the Government to
think again. Regardless of what they do, Parliament should
be making the Government think again and rewriting the
rules. Many different aspects of the rules deserve
criticism and require reform, from costs and complexity to
ridiculously restrictive evidential requirements.
I want to focus on two of the rules that work together in
an extraordinarily unfair, and I would say inhumane,
manner. The first is the financial threshold, which is
among the most draconian and restrictive in the world,
whether measured in relative or absolute terms. The second
is the rule excluding evidence about other forms of income,
such as third-party support from family or friends or—even
more ludicrously—the potential earnings of the non-EU
spouse or partner. That gets to the crux of the matter.
Those rules are cruelly and unnecessarily restrictive and
draconian, and the consequences for families have been
utterly brutal.
The rules mean that we no longer have a fairly light-touch
financial maintenance test broadly equating to income
support levels of £5,500. Non-EU applicants wishing to join
their spouse or partner here are now required to show that
their UK-settled sponsor earns at least £18,600, and
thousands of pounds extra if there is a child or children
involved.
-
(Rochdale) (Ind)
The threshold is utterly unfair, particularly in places
such as Rochdale where wages are much lower than in other
parts of the United Kingdom, and London in particular.
-
The hon. Gentleman makes a fair point. I will come to the
disproportionate impact of the threshold in just a moment.
When those two rules are combined, astonishingly almost
half the UK population would be excluded from ever being
able to sponsor the person they love to come and join them,
if that person happened to be from outside the EU. As the
hon. Gentleman just said, there are disproportionate
impacts on some segments of the population, for fairly
obvious reasons related to average incomes, so even higher
proportions of young people, women and some ethnic
minorities, and essentially all those who live outside
London and the south-east, are affected.
Tens of thousands of adults have been forced by the
Government to choose between the country that is their home
and that they love and the people who they want to share
their home with and who they love even more. That is a
horrible and cruel choice. What is the Government’s
justification for that? The official Government position is
that it serves to protect the public purse and encourage
integration. The first of those is of dubious accuracy and
questionable relevance. The second I fail completely to
understand at all, so I will listen with interest to what
the Minister has to say if he wants to maintain that
argument. I simply note that it was comprehensively
rebutted in a report for the Children’s Commissioner that I
will consider shortly.
On the public purse issue, the Government claimed that the
requirement would save £660 million over 10 years —it would
be good to know if they are doing up-to-date research on
that—but Middlesex University has persuasively argued that
the coalition Government, who introduced the rules, did not
take into account the loss of the wider economic benefits
of migrant partners’ economic activity. In fact, its model
suggested a cost to the taxpayer over that period of £850
million.
Needless to say, the Government did not accept that
analysis and pressed ahead, fixing a threshold at the level
that the Migration Advisory Committee said would be the
annual gross pay required for a couple at which they would
not receive income-related benefits, assuming weekly rent
of £100. I am not criticising the MAC, which functions like
a finely tuned, high-spec computer performing some amazing
analysis. However, as with such a computer, the principle
of “garbage in, garbage out” applies: if a half-baked
question is asked, a half-baked answer is given.
As the MAC pointed out, its deliberations were based purely
on economic considerations and did not take into account
wider legal, social or moral issues related to family
migration. That was absolutely correct. Of course, in
implementing its recommendation, the Government did not
think to factor in that even if £18,600 was the right
threshold, both halves of the marriage or partnership
should be allowed to contribute to meeting it, not just the
UK sponsor. A talented non-EU national could have a job
offer—they might even have worked in the UK in the past
under a different visa—yet they cannot join their spouse or
partner here if their UK spouse or partner is, agonisingly,
just a few hundred pounds short of the income threshold.
That makes absolutely no sense.
-
The Minister for Immigration (Mr Robert Goodwill)
I, too, pay tribute to the MAC for its work. Does the hon.
Gentleman recognise that the MAC recommended a range
between £18,600 and £25,700 and that, given that range, the
Government chose the lowest figure they could?
-
It is true the Government chose the lesser of two evils,
but I go back to the point I made before: it all depended
on the question that the Government asked of MAC, which
dictated the answer that came back. They could have looked
at a million different alternatives. For example, in some
litigation before the courts, reference has been made to
the minimum wage, which is considerably less than £18,600.
In my view, there was nothing wrong with the threshold
previously in place, which was broadly £5,500—a rate that
equated to income support at that time. There is even a
case for removing the financial threshold altogether. So,
yes, the Government chose the lesser of two evils, but that
was from the question they asked in the first place.
The all-party parliamentary group on migration rightly
pointed out that there will be many cases where the
separation of parents leads to increased reliance on social
security benefits. All of that is largely hypothetical
anyway, since as we all know the non-EU spouse is
prohibited from accessing social security benefits in any
event for five years.
Ultimately, we should not engage in a balance-sheet debate
that excludes from consideration family life and the best
interests of children. We are talking about
people—husbands, wives, mothers, fathers, sons and
daughters—whose lives are being absolutely ruined. I have
no doubt that colleagues will raise many constituency cases
today, and each of them is absolutely deserving of our
attention.
-
(Glasgow Central)
(SNP)
Does my hon. Friend agree that we need to look at issues
such as caring responsibilities? A number of constituents
have come to my surgeries whose spouse would be able to
care for and look after them, but they have been prevented
from getting into the country, which has had a hugely
detrimental impact on the constituents’ physical and mental
health.
-
I agree, and that is a perfect illustration of what the
all-party parliamentary group was saying about how the
rules can lead to an increased reliance on social security
benefits. It also puts a big question mark over any
Government argument that the rules somehow benefit
integration. They certainly do not benefit the integration
into society of the UK sponsor left here picking up the
pieces.
All of that suffering is well documented in various reports
and pieces of research, and I thank everyone who has been
involved in documenting the effects of this mean-spirited
and cruel Government policy. Utterly compelling is the
report prepared in September 2015 for the Children’s
Commissioner for England about the effect on at least
15,000 children—by now the figure is probably pushing on
20,000—living in “Skype families” across the UK. It
detailed how the Government’s policy was causing those
children separation anxiety, increased levels of anger and
disobedience, greater levels of aggression, signs of
depression, disrupted sleep, eating problems, social
isolation and withdrawal, and feelings of guilt.
Ultimately, what matters is that those children are being
kept apart from one parent by the Government’s nasty
immigration policies. In short, the Children’s Commissioner
was clear that the Government’s legal obligations to
children are not properly recognised in the rules and that
too many decisions completely fail to take into account the
best interests principle.
Last week, Phoebe Griffith of the Institute for Public
Policy Research told members of the Home Affairs Committee
that the net migration target had
“created a whole set of quite perverse incentives”.
She used policies on international students as an example,
but I think that an even clearer example is the drastic
changes to the immigration rules for non-EU spouses and
partners that were introduced in July 2012. The real reason
for the rules is the Prime Minister’s near-pathological
obsession with her bogus net migration target, and it seems
that it does not matter to her who is hurt as a result. Too
many UK citizens with non-EU spouses and UK children with
non-EU parents know that better than any of us. How many
more families do the Government want to plunge into the
nightmare in pursuit of the target? Will they apply the
same rules to EU spouses after Brexit, for example?
For the reasons I have explained, and many more that I am
sure hon. Members will touch on, the Government should go
back to the drawing board and put families and children
first.
9.40 am
-
(Inverclyde)
(SNP)
It is a pleasure to serve under your chairmanship, Ms Ryan.
I am grateful to the Backbench Business Committee for
allowing us to have this debate today. It has been more
than three years since spousal visa rules have been debated
in Parliament, so I am sure that Members will agree that
the debate is long overdue. Although my constituency has a
declining population and a low number of migrants, my inbox
is still regularly punctuated by spousal visa cases. The
people who come to me for assistance generally assume that
it is a straightforward process for a UK citizen to bring a
spouse from outside the European economic area into their
own country. It is a reasonable assumption to make, but the
sad reality is that UK spousal visa rules are not
straightforward or logical; they are arbitrary, unfair and
discriminatory, and they constitute disproportionate
interference in genuine spousal relationships.
The policy has led to the rise of so-called Skype families,
where children can maintain contact with one of their
parents only by using the online messaging system Skype, as
my hon. Friend the Member for Cumbernauld, Kilsyth and
Kirkintilloch East (Stuart C. McDonald) explained. The
policy has had many negative consequences and it should
make us reflect on the social contract that should exist
between the UK Government and citizens. If citizens pay
their taxes and act within the law, the Government have an
obligation to protect their rights, including the right to
a family life.
However, it is clear that the Government are failing in
that obligation by standing in the way of UK citizens who
have married partners from outside the EEA. The rationale
for that policy is that the Government want to prevent
migrants from becoming a burden on the state—the value of
the person being determined only by how much money they
have. My understanding was that the Tory party believed in
small, limited government that gives citizens the maximum
freedom to pursue their lives. Yet the Government are
obstructing citizens’ most fundamental relationships: those
between spouses and between parents and children.
Ryan Shorthouse, the founder and director of the
Conservative think-tank Bright Blue, went so far as to say
that the rules are not conservative and that they damage
society by splitting up the key ingredient of a
compassionate society, the family. The system does not work
and does not deliver positive results for the UK or its
citizens. I do not expect the Minister suddenly to deviate
from the Government’s irrational commitment to reducing net
migration, but at the very least I would like to see
changes to the spousal visa application process.
First, the minimum salary requirement has to be reduced so
that it more accurately reflects the wages of all UK
citizens, not just the richest. Research conducted by the
Migration Observatory at the University of Oxford shows
that the financial requirement disproportionately affects
women, ethnic minorities and those outside London. It is
estimated that 41% of people in Scotland would be
ineligible to sponsor a non-EEA family member, compared
with 27% in London. Paradoxically, that means that the UK
Government have created an immigration system where getting
access to the areas with the highest population pressures
is easier than getting access to Scotland, which has lower
average wages than London but is in desperate need of more
people.
The Home Office might feel generous in stating that any
deficiency in income can be topped up with savings. If a
sponsor has a shortfall in income of £2,000, the Home
Office formula would require them to have £21,000 in
savings to meet the financial requirement. That is an
absurd amount, considering that more than 16 million people
in the UK and almost half the people of Scotland have less
than £100 in savings. The Government can hide behind the
income threshold analysis outlined by the Migration
Advisory Committee, but that would simply be an exercise in
dehumanising my constituents and trying to put a monetary
value on the family relationships of UK citizens.
Secondly, the Government must reduce the application fees,
which are large and increasing. From March 2016 they rose
by an unjustifiable 25%. To apply for a spousal visa in
person now costs £1,311, while phoning the international
helpline costs £1.37 a minute. When the £500-per-person NHS
levy is taken into consideration, families can easily spend
between £5,000 and £10,000 on fees over a five-year period,
and possibly more, depending on how many children they
have. Far from being a burden on the state, spouses of UK
citizens are paying exceptional amounts of money just to
have their applications considered.
Thirdly, it is time to simplify the application process. By
that I do not mean simply making it an online process. A
typical document that applicants are expected to complete
is the FLR(M) application form, which is 81 pages. It
covers every aspect of a person’s life—where they have
lived, their relationships, their housing situation and
their personal finances. Aside from the unnecessary and
intrusive questioning, applicants are asked if they have
been involved in genocide, war crimes or terrorist
activities. It would be helpful for the Minister to outline
how many war criminals have been apprehended thanks to
question 10.8 in the spousal visa application.
In conjunction with a more streamlined application process,
I would like the Minister to consider relaxing the rules on
evidence requirements. For instance, applicants are
required to provide original hard copies of documents in
support of their application. We live in an age when
payslips, bank statements and bills are increasingly moving
online. Little guidance is available through official
channels and applicants are forced towards often unreliable
and out-of-date sources on the internet to learn what
documents they need to provide.
The infamous inflexibility of visa assessors makes the
process even more difficult, as applicants know that one
small and even insignificant mistake can lead to a refusal
with life-changing ramifications. The Minister will be
pleased to know that I have brought a copy of the 81-page
application form with me today. I invite him to take it
with him, complete it and prepare the evidence that he
would need to submit a successful application for himself
and a partner and children. As a highly paid Minister, he
cannot understand the years of uncertainty and financial
pressure that the process creates for UK citizens and their
families. Completing the application will, however, give
him a limited understanding of how his laborious system
works in practice.
Time constrains me from touching on the many other issues
associated with spousal visa rules. I regret that I cannot
highlight even some of the absurd situations that my
constituents have experienced because of the inflexibility
that is at the heart of the policy. A drastic change of
attitude is required at the Home Office. It should stop
treating UK citizens and their families as if they have
done something wrong and need to justify their existence,
and as if they are unwelcome in the UK. UK citizens deserve
the Department’s support, no matter whom they marry.
Freedom to marry and live with a loved one should not be
reserved for those who have the money. If the Minister is
content to divide families then let him keep the rules. If
not, let him reform them as a matter of urgency. Families
in the UK have suffered enough.
I want finally to thank my researcher, Colin McDonald. He
was born in the USA to a Scottish mother, was raised in
Australia and now lives in Scotland with his wonderful
Chinese Singaporean wife. If Colin says that the system is
overly complicated, expensive and discriminatory, the
Government should listen, because he knows it inside out.
His tireless commitment to helping others has gone a long
way to reuniting wives with their husbands and children
with their parents.
9.48 am
-
(Paisley and
Renfrewshire North) (SNP)
It is a pleasure to see you in the Chair, Ms Ryan. I
congratulate my hon. Friend the Member for Cumbernauld,
Kilsyth and Kirkintilloch East (Stuart C. McDonald) on
securing this morning’s important debate. Immigration visa
matters are among the most common constituency casework for
MPs. Putting the complexity of the UK immigration system to
one side, I struggle to put into words my frustration with
a system that lacks any common sense. It is incredibly
complacent and riddled with mistakes and inconsistencies,
and its approach to dealing with clients wanting to extend
a stay in this country or come to join partners and
families is amateur.
I put no blame on the hard-working staff at immigration
centres. They work in stressful circumstances in a system
that makes an already difficult job harder. Despite the
stress of their work, my experience of contacting the Home
Office has mostly been positive. Staff have always done
their best to find answers to questions that I have raised
with them.
The Scottish National party has long opposed the UK
Government’s approach to immigration. My feelings have only
been strengthened during my time in this place—particularly
during my time serving on the Public Bill Committee for the
Immigration Act 2016. SNP Members view the immigration
system as inflexible, treating applicants with suspicion
and not catering to the needs of all parts of the UK. We
have witnessed cases in the highlands of Scotland in which
hard-working families have been threatened with deportation
because they do not meet all the requirements of the UK
Government’s rigid and unfair system. That is despite the
massive contribution they make to their local communities,
where the problem is not immigration but emigration.
I may not represent a highland community, but I have
experienced a system that is counterproductive to the
economic needs of my constituency. I am currently assisting
one of my constituents, who is from Houston; given that we
are dealing with an American spouse, I should stress we are
talking about Houston, Renfrewshire, not the Texas hamlet
that pales into insignificance when compared with the
original and best. My constituent, Beth, is having a torrid
time in trying to get a spousal visa for her American
husband. Beth and her husband, Willie, met at Glasgow
University and spent a few years in California working as
highly skilled and specialised vets.
As a result of Beth’s mother falling seriously ill, they
made plans to return to Scotland. They both gained
employment as vets, thereby meeting and exceeding the
necessary wage threshold in a skilled job, and were
expecting a straightforward, successful application.
However, the Home Office refused Willie’s application on
the grounds that it had doubts over the legitimacy of the
relationship—despite the US Government having already
awarded Beth a spousal visa and indefinite right to remain
in California. Despite their meeting at Glasgow University
in 2007, being together since 2012 and marrying in 2014,
regularly coming back to Scotland on holiday, securing
employment and meeting the wage threshold, and despite the
emotional circumstances surrounding Beth’s mum, the Home
Office still refused the application.
The case would be laughable if the process had not caused
an overwhelming amount of stress and pain for Beth, Willie
and their families. After they applied relentless pressure
and jumped through the burdensome hoops, and after I made
the Immigration Minister aware of the case—I am grateful
for his assistance—the Home Office has now accepted that a
real relationship exists between Beth and Willie. However,
anyone who thinks that is the end of the story is probably
inexperienced in dealing with the immigration system.
The Home Office—after first emailing an incorrect
address—has requested that Willie makes the final
international health surcharge payment on his application
and sends over his American passport. However, Willie has
already made that payment a long time ago, and UK Visas and
Immigration already has his passport. My office has been
trying for weeks to get the situation resolved but,
frustratingly, UKVI is all over the place with the case and
does not realise that Willie has completed everything that
has been asked of him and more.
Hopefully that case will be resolved soon enough. It should
have been a clearcut case for UKVI, but needless problems
and delays have caused much stress and misery for the
family, cost a significant amount of taxpayer’s money and
caused real logistical problems for the employer, who
deserves great credit for holding the job open in good
faith despite the Home Office’s delays.
The previous Immigration Minister, the now Secretary of
State for Northern Ireland, said last year:
“The Government certainly do recognise the contribution
that skilled and talented people from outside this country
can make to our economy, and I have been very explicit
about the way in which our immigration rules are designed
to facilitate that.”—[Official Report, 26 May 2016; Vol.
611, c. 689WH.]
We have heard that refrain time and again, despite the
barriers erected and fortified by the same Government. My
question to the current Minister is whether he will
apologise for the stress caused to Beth, Willie and the
entire family. They have done everything asked of them and
met every criterion that the Government set, at great
expense. All they want is to help to take care of Beth’s
mother, live together in the UK and contribute to wider
society.
That case highlights the deep flaws rooted in the
immigration system. Despite Beth earning more than the
£18,600 minimum annual income that was put in place in
2012, Willie experienced a number of issues when trying to
secure the appropriate visa to join her. When the coalition
Government introduced the minimum income threshold, it was
widely criticised and challenged in the courts. Civil
society at large, including the Joint Council for the
Welfare of Immigrants, the Migrants’ Rights Network,
BritCits and the Family Immigration Alliance campaigned
against the minimum income requirement, claiming that it
would divide families and make it harder for the overseas
spouses of UK citizens to join them. In my experience of
helping people go through the visa process, the initial
fears raised back in 2012 have proven entirely correct.
I will touch on some common criticisms of the minimum
income requirement. First, notwithstanding the Minister’s
earlier intervention, the threshold was set too high, with
hard-working and genuine applicants losing out as a result.
I do not doubt that we all value the positive contribution
that our international friends make to life in the UK. They
enrich our communities, and we offer some the opportunity
to better themselves. However, the threshold prevents many
people from being able to live a life in the UK, especially
when we consider that as many as 45% of people in the UK
earn less than the required threshold, particularly in
areas outside London and the south-east.
Secondly, research conducted by the University of Oxford
confirms that the policy disproportionately affects
particular groups. It found that the minimum income
requirement has
“important indirect effects across gender, ethnicity,
education, age and place of residence.”
Female workers hoping to act as sponsors for their male
partners are particularly disadvantaged, with 57% not
earning enough to sponsor a non-EEA spouse.
The financial threshold has been called unfair,
disproportionate and counterproductive, and it is for that
reason that the UK is now considered to have the least
family-friendly immigration policies in the developed
world. For a party that preaches the importance of family,
it seems strange that the Conservative party would design a
system that breaks families apart; as a result of the
Government’s policies, families have been separated and
children are growing up without a parent.
It seems entirely nonsensical and almost beyond
comprehension that no account is taken of foreign spouses’
prospective earnings. Because of the financial threshold,
many skilled workers may be discouraged from returning to,
or choosing to settle in, Scotland, and will instead go
elsewhere. Instead of the savings originally predicted, the
minimum income requirement could end up costing the UK
more, with the loss of tax revenue from migrants who have
been unable to come to the UK, and with some families
unnecessarily having to rely on benefits because the
migrant partner is unable to join them.
The Government must review this unfair policy, which is
hurting families all over the UK. We need a reasonable
immigration system that does not separate children from
their parents or wives and husbands from each other, and
does not prevent migrants from making a positive
contribution to the UK. We need a fair, robust and secure
immigration system that takes account of the varied social
and economic needs of different areas of the country and
does not discriminate against half the population. Perhaps
even more importantly, we need to allow UKVI officers and
the Home Office in general to exercise common sense, which
in many cases would save taxpayers money and end the
continuing stress of so many people like Beth and Willie.
9.57 am
-
(Strangford) (DUP)
First, I apologise for not being here in time; I have
already done that through the Speaker’s Office. The
Heathrow Express was late, and as a result I had to run; Mo
Farah and Usain Bolt have nothing to fear, no matter how
hard I run. That is how I got here. I apologise to the
proposer of the debate, the hon. Member for Cumbernauld,
Kilsyth and Kirkintilloch East (Stuart C. McDonald), and I
congratulate him on his presentation. Unfortunately I
missed it, but I am sure the gist of what he said will be
exactly the same as what I will say and what other hon.
Members have said.
It is a pleasure to see the Minister in his place. I know
he works hard on these issues; we bring issues to him and
he responds to us faithfully, and we very much appreciate
that relationship as elected representatives. I thank him
for that. I also thank the UK Border Agency staff, who I
speak to regularly and who always give me advice and
assistance within the rules that have been laid down. I
have to say that I am not happy with some of those rules.
It will be no shock that I take a more humanistic
understanding of the issues regarding immigration rules for
spouses and partners in the UK. The rules introduced on 19
July 2012 by the Home Office mean that, to bring a foreign
spouse into Britain, somebody would have to maintain
employment that provides a minimum income of £18,600. That
has left some 33,000 people unable to remain with their
spouse, as many do not earn the required amount to satisfy
that visa requirement. In Northern Ireland, and I suspect
in Scotland, many people are not in that income bracket,
which is an issue of concern.
We know how the system works and we understand it very
well. For families with one child, the income requirement
rises to £22,400, rising a further £2,400 for each extra
child. By its very nature, the income needed almost debars
many people from qualifying. For me, that is an
extortionate amount for genuine couples who are marrying
for love, not for benefits from the UK Government or the
system we have. It seems that the rules introduced have
affected the more vulnerable and the less wealthy.
Recent studies show that around 47% of British people do
not earn enough to fall in love with a foreign national; it
is as simple as that. What is worse, under the rules a
migrant applicant’s overseas income does not count towards
the threshold. Will the Minister consider looking at that
as one way to address the issue? That would go a long way
to getting an arrangement that works. How can it be fair
that a migrant’s income is not taken into account at all?
With great respect to people who live in London, the rules
appear to suit only those who live in London, graduates and
those in well-paid jobs. Some 73%—nearly three quarters—of
people living in the capital meet the threshold in the
immigration rules for spouses and partners and are more
likely than the rest of the country to sponsor a spouse
from outside Europe. Surely many people outside London
would love the opportunity to live with their spouse.
The law also discriminates against women, with research
showing that some 55% of British women and 53% of those
under 30 are excluded from bringing a spouse into Britain.
If we are unfairly discriminating against women, that is an
issue we have to consider. I understand that there are
rules in place for a reason—for our protection—and I do not
for one second believe that there should be an onus on the
Government to take care of people who are not British.
However, it is clear that the level of income needed is not
what it takes to run a household in the United Kingdom. The
Government set a minimum income for a standard of living
that is much less than that, and we must consider that.
We should welcome those who wish to make a life in the
United Kingdom with their families, work hard and
contribute to our society. One argument heard when the
legislation was introduced was that the Government would
save some £650 million. That is not a sum to be sneered at;
we have to be realistic. The Government stated that the
minimum income rule was to prevent unqualified spouses from
coming to the UK and becoming dependent on the state.
However, further research done by Middlesex University
found that if most spouses turned away at the borders had
found employment, they would have made a contribution of
more than £850 million to the UK economy. To me, the
figures are simple. Let them in.
As a married man, I believe in marriage between one man as
husband and one woman as wife. I consider it the most
intimate of human relationships and a gift from God. In the
Bible, Hebrews 13:4 tells us:
“Let marriage be held in honour among all”.
Why is a marriage between a UK citizen and a foreign
national not held in the same honour or deemed less? No
Government, no party and no institution should deny any man
the right to be married to his wife or any woman the right
to be married to her husband. Marriage should not be
established in the UK by the taxman or Government
penalties.
I have been involved in a number of immigration battles. As
I was just saying to my colleague, the hon. Member for
Paisley and Renfrewshire North (Gavin Newlands), I deal
with these issues every week in my office, and they are
terribly important. I feel frustration on behalf of my
constituents who happen to be married to someone from
another country. This issue comes up all the time. One
immigration battle involved a two-and-a-half year fight by
a husband and wife, costing in excess of £7,000 for the
solicitor’s fees and other fees—that is £7,000 for a person
who does not have £18,500. Right away, that imposes a
strain on newly wedded couples. Is that how we would like
to start our married lives, given the strains and
adjustments that are already on a new marriage?
We also need to think of the possible effects on the
children of these marriages. The rules have been criticised
by the Children’s Commissioner. More than 15,000 children
are separated from one of their parents because of our
broken system. I find that fact utterly heartbreaking. A
Filipino lady who had married a fellow from Newtownards
came to see me. They had a child. We played by the
immigration rules, but because of those rules, she had to
leave her baby at home with the dad, go back to the
Philippines and then start again through the system. It
took her almost nine months. During those nine months, she
could see her child through Skype but could not hold them
in her hands, cuddle them or love them. That is an example
of what I have been involved in.
Imagine parents being separated from their children, who
are living in another country, all because they do not earn
the recommended minimum income for our country. Is that how
we would want our child to be raised? Is that how we would
have wanted to be raised, as children? Those are the
questions we need to ask ourselves. Can we not do more to
make provisions for couples who have children? Again, I ask
the Minister what we can do to assist. I have seen the
devastation at first hand in my own constituency.
I want to give another example. A number of people from the
Philippines and across the eastern bloc work in my
constituency. A young Filipino came to Northern Ireland
with a visa more than six months ago but unfortunately
could not get one for her 12-year-old son. He was sent home
because she did not have the required minimum income to
sustain him; that was the consequence of the Government’s
scheme. We can imagine how hard that was. The case was won
on appeal—there is an appeal system, and it works—but that
child has still not been given his visa months later. His
mother rings my office every week asking when her son will
be able to start a life with her. I see the heartbreak in
that young woman’s eyes and hear the pain in her voice
every week. Cases such as that make me say we must do
better, and I implore the Minister to do that. I know he is
a compassionate man who is always responsive when we ask
him to do things; we can never, nor will ever, fault him
for that.
The agri-food industry has brought workers over to my
constituency, where we have a number of agri-food
businesses. In one company, 40% of the workforce is from
eastern Europe and in another the figure is 60%, so we can
understand the importance of that workforce to those
companies. Some of the workers have met and married local
girls and guys. With Brexit on the horizon, their visa
situation must be made clear. They ask me about it all the
time. I spoke to the Secretary of State for Environment,
Food and Rural Affairs when she visited Northern Ireland,
and she was very keen to ensure that the people working in
the factories will have security and tenure.
The Minister and I have talked about this before, but we
have an opportunity for an overhaul that protects us but
allows for marriages that are not determined by someone’s
ability to earn a high wage. Let us protect the people who
are here and ensure they can continue to offer something
and work hard. The local caretaker has as much right to
love as a doctor. The song “Love Don’t Cost a Thing”
certainly does not apply in the UK Visas and Immigration
department, and we need to revamp and look again truthfully
and sincerely at our criteria. I believe we can ensure that
people cannot claim off the state without splitting up
marriages and families. It can be done, so let us do it.
10.07 am
-
(Glasgow North East)
(SNP)
I want to start by congratulating my hon. Friend the Member
for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C.
McDonald)—or Kirky East, as we like to call it—on securing
this extremely important debate and on his knowledgeable
speech. He has a background in this area. Everybody who has
spoken today has demonstrated how much they care about the
people they represent. It is important to do that, even
when we feel like we are banging our heads against a brick
wall, and even when we feel that the Government are
possibly not listening and that nothing will change. People
need to know that there are Members in this place who care
about them and will keep speaking up for them; that makes a
difference to them. I congratulate everyone who has spoken
today on demonstrating how much we care.
When the topic of spousal visas comes up, as it does from
time to time, people generally react with shock to the news
that UK citizens are not automatically entitled to bring
their partner to live with them in the UK, as my hon.
Friend the Member for Inverclyde (Ronnie Cowan) —land of my
birth—said. When I detail the hurdles and hoops that most
couples have to jump through, the response is always one of
disbelief. People think I have got it wrong. They say,
“Surely it is an infringement of civil liberties to be
denied the right to live with your spouse,” or, “Is there a
price on love?” Well, according to the Home Office, there
is a price for marrying someone from another country, and
it is a high one.
Applying for a spousal visa is an expensive process that
should, in itself, indicate the commitment to a
relationship. In addition to the application fee, which is
now more than £1,300—as my hon. Friend the Member for
Inverclyde said, that is an increase of 25%—lawyers’ costs
can be not inconsiderable, as applications often drag on
for years through the appeal or reapplication process,
putting not only a financial strain but debilitating
emotional stress on couples and families.
If people can find the money to make an application, the
three main barriers preventing many of them from living
with their non-British or non-EU partners are the minimum
income threshold, as we have heard; the complicated
application process; and, perhaps most importantly from
what I have experienced through my constituents, the
culture of disbelief at the heart of the Home Office. We
have heard examples, notably from my hon. Friend the Member
for Paisley and Renfrewshire North (Gavin Newlands), who
talked about Beth and Willie in Houston—the Houston. He
told us that even when an MP gets involved, that often
makes very little difference. The MP must then battle for
months on end to get mistakes rectified. One mistake in
that case was the Home Office calling for a passport that
had already been sent in. Then we heard the horrifying
story from the hon. Member for Strangford (Jim Shannon) of
a baby being separated from its mother for nine months. It
is not necessary to be a psychologist to know the damage
that that could do to the baby’s development.
I want to share a few examples of my own. It was difficult
to decide which of my constituents in this position to talk
about, because there are so many and all are struggling,
but I will start with Jane. She was a young Scottish woman
who emigrated to New York in the 1960s; she was just 18
years old. She met and fell head over heels for Ben, a
native New Yorker. They married, raised two children, saw
their grandchildren born and, like all couples, faced the
many trials and tribulations that life threw at them in
their 50-plus years together. When the trials seemed more
prominent, they sadly divorced. However, that did not feel
right and they were soon back together.
As Jane and Ben reached what should have been their golden
years, they decided, having spent their married life in the
United States, to spend their retirement in Jane’s home
country of Scotland. They owned a house in Glasgow and set
plans in motion to come home, but those plans were
scuppered by the Home Office, which did not believe that
they were a couple. That couple had been together for more
than 50 years, throughout the 1960s, ’70s, ’80s and ’90s
and into the new millennium, but they were subjected to the
insult and embarrassment of having the validity of their
relationship questioned.
I am pleased to say that the situation is now resolved and
Jane and Ben are finally living, I hope, happily ever after
in Milton in my constituency, but that took more than 18
months from the day their original application was
rejected. The costs were high, involving considerably more
not just in application fees and legal costs, but in terms
of the deterioration in Jane’s failing health, which was
exacerbated by the regular separations from her husband and
the complete uncertainty about their future together.
If the Home Office can cast doubt on a 50-year
relationship, what chance do a young couple have? Will the
Minister be good enough to tell me why Jane was advised
that if she wanted to be with her husband, she should go
and live in the United States? How can we expect other
countries to take in a British citizen if we refuse to take
in theirs because we do not believe they have a
relationship? I just wonder what the British Government’s
friend, Mr Trump, would make of the advice that Jane was
given.
Another constituent, Sasha, met the man who was to become
her husband, Jay, on a family holiday in Pakistan when she
was just four years old. They became the best of friends as
they continued to meet over the years during regular family
holidays. As they grew into adulthood, friendship blossomed
into love. Sasha and Jay got married in 2011 and are now
the proud parents of two beautiful children. People might
expect that to be the “happily ever after” ending to the
story, but no: the Home Office was ready to rain on their
parade, and rain it did. It took decision makers at the
Home Office a shocking five years to accept that that was a
real relationship. In fact, Sasha’s husband was able to
join his wife and children in Glasgow only last week. The
Home Office did not believe that they were in a
relationship. It was a sham, the Home Office alleged. That
Sasha had not visited her husband very often since the
wedding was one excuse used. Well, that was correct: Sasha
did not visit her husband as much as she would have liked,
because she had to work every hour she could to maintain
the minimum income requirement and to take care of their
two children. That is what the Home Office told her she had
to do. As my hon. Friends the Members for Inverclyde and
for Paisley and Renfrewshire North said, if someone is
female and lives north of London, they are far less likely
to be able to reach the minimum income requirement.
The result was that the two children, born in 2012 and
2014, got to know their father, during their most formative
years, as a face on a laptop. In whose view is that fair?
Six years on from their wedding day, that young couple and
their children are no longer a Skype family and are finally
able to live together as a family, but why should that have
taken so long? Why is there so much distrust? Who benefits
from it? Is it the Home Office? Is it immigration lawyers?
It is certainly not the British citizen, and definitely not
their children. As my hon. Friend the Member for
Cumbernauld, Kilsyth and Kirkintilloch East told us, the
Children’s Commissioner said that the Government were not
meeting their legal requirement to children. I argue that
they are not meeting their moral requirement to them,
either.
As we have heard from other hon. Members, no one is
disputing that there has to be a system. There must be
procedures and checks, and documents and statements must be
verified. We know that that has to be done, but it can be
done without hostility, and so it should be. It can be done
without insensitivity, and so it should be. It can be done
without the Home Office contradicting another Department
under the same Government—I am talking about the Department
for Work and Pensions. The Minister’s colleagues in that
Department tell us that a couple require £5,972.20 per
annum to live on; that is the current rate of jobseeker’s
allowance for a couple. Let us add in an amount for housing
benefit, using average rents in Glasgow, which are about
£250 a month in social housing and £500 a month for a
private let. That adds on between £3,000 and £5,000 a year,
so the DWP thinks that a couple can get by pretty well on
anything between £9,000 and £12,000 per annum, and the Home
Office reckons that a couple need £18,600. Well, which is
it? If the DWP is correct, the Home Office needs to reduce
that threshold. If the Home Office is right, surely those
on jobseeker’s allowance are in for a bumper pay rise.
Considering that those under the age of 24 apparently
require so much less on which to live, the injustice is
even greater for those under the age of 24 who want their
spouse to come and live here.
Who else needs very little to live on, according to this
Government? The answer is carers. My hon. Friend the Member
for Glasgow Central (Alison Thewliss) talked about people
being unable to bring their partner over to care for them.
I want to talk about a constituent who has been deemed to
be too poor to support herself and her husband, because she
is a carer.
Christine was not always a carer. She worked freelance, so
it was not easy to demonstrate that she earned enough every
year to meet the minimum income requirement to be allowed
to bring her husband to live in Scotland. She was getting
there, however. She was building up her portfolio and
excitedly looking forward to being permanently reunited
with her husband. Then both her parents became ill, one of
them very seriously with leukaemia. She did what she
believed to be the right thing and moved in with them to
care for them, but that decision to return the love and
care that her parents had shown her as a child, and save
the taxpayer thousands of pounds at the same time, means
that she has had to reduce the amount of paid work that she
does. In fact, yesterday she told my office that her mum
had become very ill and in recent weeks she has earned
nothing and relies on her husband to send money from
Nigeria.
As the hon. Member for Strangford asked, can the income of
the man currently supporting a British family not be
counted towards the minimum income threshold? I ask that
because the decision that Christine took to care for her
parents in effect means that she may never be able to bring
her husband here I know that she is watching, so I am
saying “may never”, because I hope that she will—and she
could do with him right now. She could do with a helping
hand with her parents and with someone looking after her
from time to time. She could do with a hug from the man
whom she loves and who loves her, but she is being denied
that because she chose to care for her parents. Perhaps the
Minister will offer to look into that case for me and
consider making an exception in Christine’s case.
Do I have another few minutes, Ms Ryan?
-
(in the Chair)
indicated assent.
-
Great. I have an endless supply of these stories, as have
other hon. Members, but I will not refer to them all. The
people we talk of are not exceptions. The Government, as on
many things, hide behind the idea that “Yes, that’s
terrible, but it’s an exception to the rule; that sort of
thing does not happen very often.” These people are not
exceptions, because we hear about this all the time, and
what is happening to them is definitely not acceptable.
When this debate came up, my office and media manager,
Annette, went off and wrote much of this speech. I did not
ask her to do that; she did it without asking. Why? Because
she has recently divorced her husband after years of trying
to get him here for even a visit—he did not want to come
and live here, but wanted to visit and eventually she was
going to go and live there. She could not even get him here
for a visit, and it would have been years before she was
able to go and live there. Failing that, they had no way of
continuing their marriage. She knew that this country would
never welcome her husband at any stage if it would not even
allow him to come in for a visit. I remember well that he
was rejected at one point because he had a job and then
rejected at another time because he did not have a job.
Annette has a simple ask, which I share, and I am sure we
all have the same ask. It is that we treat people as we
expect to be treated ourselves. Most of us believe that
being treated with respect, fairness and compassion is not
too much to expect; it is not, but the fact that we seem
unable to bring any of those basics to the process leaves
me feeling embarrassed and, to be frank, utterly ashamed.
10.20 am
-
Ms (Hackney North and Stoke
Newington) (Lab)
Let me say what a pleasure it is to serve under your
chairmanship, Ms Ryan. We all commend you for the
dedication you have shown, despite the challenges you faced
this morning, in being here promptly to preside over this
debate. I congratulate the hon. Member for Cumbernauld,
Kilsyth and Kirkintilloch East (Stuart C. McDonald) on
bringing forward this debate on an important subject. Any
MP with any minority communities in their constituency will
have experienced the unfairness of these rules.
We are here to discuss the fairness, practicality and
justice of the maintenance funds requirements for spouse
and partner visas. Sometimes people talk about these
issues, in particular in the tabloid press, as though
fairness and justice in relation to migrants is not a
concern of the British people. However, I was outside No.
10 last night at the biggest demonstration on Whitehall
that I have seen in 30 years as a Member of Parliament.
Those people were concerned precisely about the fairness
and justice of the way the new American President is
treating migrants, such as the complete suspension of
refugees entering the country and barring people from an
arbitrarily chosen list of majority Muslim countries. Sudan
is on the barred list but Saudi Arabia is not, where all
the 9/11 terrorists came from but, by coincidence,
President Trump still has business interests. The
remarkable thing about that huge and, for the most part,
good-natured demonstration was that the vast majority of
people who had come to demonstrate at very short notice
were not from the communities affected; they were British
people concerned about fairness and justice in relation to
migration.
-
I know the hon. Lady shares my annoyance and concern over
the way the situation was handled. People on planes landing
at airports in the States were turned away because of a
decision by the President. That is an example of the
harshness from President Trump and is why people protested
last night and we are having this debate today.
-
Ms Abbott
Exactly. I am grateful to the hon. Gentleman for showing
how the demonstration corresponds with this morning’s
debate. The issue is not just that they are seeking to
tighten immigration rules in the United States, but the
harshness, the unfairness and the arbitrary way of how it
has been done. These maintenance funds requirements are
another example of harshness and unfairness, and of not
thinking through how the changes would operate in practice.
I have no hesitation in saying that this policy and these
maintenance funds requirements are impractical, unjust and
counterproductive.
As other Members have reminded us, this issue is still
before the courts. This is not just a question of
Opposition MPs making all sorts of aspersions on Government
policy. In July 2013 the High Court did not actually strike
down the rules as unlawful in general, but did find that
the way they are applied amounts to a disproportionate
interference with family life in certain cases. Several
Members have raised the issue of the interference of these
rules in family life. In July 2014 the Court of Appeal
allowed the Government’s appeal against the High Court
decision. In May 2015 the Supreme Court granted permission
to appeal against the Court of Appeal’s decision; it heard
the appeal last year and is yet to hand down judgment.
We might think that, faced with court rulings saying that
these maintenance funds requirements have a
disproportionate effect on family life, any Government
concerned about supporting family life might step back and
review their operation. When all is said and done, however
we define a husband and wife and however we define a
family, strong families are one of the building blocks of
our society. Whatever their concern about what the tabloid
press says about immigrants on any given day, no Government
should wilfully pursue policies that have the detrimental
effect on family life that these maintenance requirements
do.
Like many Members who have spoken, I deal with the
practical consequences of these rules every week in my
advice sessions. As we all appreciate, I have the difficult
task of trying to explain to distraught husbands or wives
that these rules exist and that because of someone’s
country of origin, they face this arbitrary hindrance on
family reunion. In June 2013, as other Members have
mentioned, a report by the all-party group on migration
called for an independent review of the requirement and its
impact. The Government have yet to respond to that demand.
As we know, the policy requires non-European economic area
visa applicants to have available funds equivalent to a
minimum gross annual income of £18,600. It is inherently
discriminatory because it requires a higher income
threshold in cases that include non-EEA children. It is
also discriminatory because in many cases only the British
and settled visa sponsors’ employment income can be
considered. It discriminates against women because their
incomes tend to be lower, and effectively encourages family
and partnership break up. As other Members have said, the
Migration Observatory found that 28% of non-EEA men and 57%
of non-EEA women did not meet the threshold. Consequently,
the policy hits some ethnic groups harder than others,
notably Pakistani and Bangladeshi applicants.
-
Mr Goodwill
I thank the hon. Lady for giving way. Will she say what the
official Labour party policy is on this issue? Would she
reduce that figure or would she abandon it altogether?
-
Ms Abbott
We would do what so many people have asked the Government
to do: review this policy and put in place rules that are
fair, equitable and do not inevitably lead to the break-up
of families.
-
(Glasgow North West)
(SNP)
Will the hon. Lady give way?
-
(in the Chair)
Order. Can I just say that it is not acceptable for a
Member to join the debate during the concluding speeches
and to intervene?
-
Ms Abbott
The policy also discriminates against young people who have
relatively low incomes. As has become clear in this debate,
as a result of the impact on partnerships and families,
these provisions may be in breach of fundamental human
rights—the right to a family life—as they effectively split
up families. The Minister asks, “What would a Labour
Government do?” We certainly would not bring forward
regulations that could put the Government in breach of the
European convention on human rights.
As we have heard from Members from all parts of the United
Kingdom, the policy discriminates regionally. Some 30% of
British employees in London do not earn enough to sponsor a
non-EEA spouse, and that rises to 49% for those in
Yorkshire and Humberside while 51% do not earn enough in
Northern Ireland—of course in Scotland it is even worse. I
will say, as a London Member, that although it is
relatively easier for London migrants to hit that income
threshold, it is not easy in communities such as Hackney.
-
The truth is that the policy discriminates against people
who have less money—against poorer people. That is the
simple fact of the matter, is it not?
-
Ms Abbott
This policy is nakedly discriminatory against poorer
people. What sort of migration rules say that the poor do
not have the same right to family life as the wealthy? That
seems contrary to British values, as I think both parties
could agree.
It is relatively easier for London migrants to meet the
income thresholds, but meeting them is not at all easy in
the poorer parts of London. The rules cause a lot of misery
and unhappiness and result in unnecessary splits in
families, as hon. Members have described. I have always
been in favour of an open and frank debate on migration,
but I worry about a growing callousness in how we debate
the issue. It tends to the conclusion that migrants are not
people like us and that they do not have feelings for their
family like we do, so the importance of their family to
them can then be disregarded. How can it be right that
people are separated from their husbands, wives and
children by the Government’s regulations?
The Home Office impact assessment estimated that more than
£660 million would be saved over 10 years. Anyone who is
concerned about the taxpayer has to step back when
confronted with that, but that assessment has been disputed
by research from Middlesex University, which says that the
Government assessment takes no account of the reduced level
of employment and therefore the reduced taxes as a result
of discouraging both sponsors and their spouses from
staying. Middlesex University estimates that the policy
could cost the UK £850 million over 10 years.
In conclusion, it is long past time that we moved away from
a deficit analysis of immigration that always focuses on
the harms and the cost to the public purse. That has
happened to such an extent that we have to make a set of
rules that are contrary in principle, if not in practice,
to the idea of the importance of family life. We all want,
as do all our constituents—even those from migrant
backgrounds—fair rules and the reasonable management of
migration. Nobody doubts that, but we seem to be moving
step by step into a realm of callousness, unfairness and
injustice, which is counter-productive to building a good
society. As many other institutions have done, I urge the
Government to review how the rules work and to replace them
with a set of fair regulations on income that reflect the
overall impact of migration on society, which is actually a
positive one. Doing so would mean that we would not have to
hear any more of the tragic stories that we have heard this
morning of families who are arbitrarily separated by a set
of unfair and ill-thought-out rules.
10.33 am
-
The Minister for Immigration (Mr Robert Goodwill)
It is a great pleasure to serve under your chairmanship, Ms
Ryan. I congratulate the hon. Member for Cumbernauld,
Kilsyth and Kirkintilloch East (Stuart C. McDonald), and
indeed the hon. Member for Inverclyde (Ronnie Cowan), on
securing the debate. I intend to leave some time for the
hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East
to conclude.
I will seek to respond to the points that hon. Members have
made. We welcome people who wish to make a life in the UK
with their family, to work hard and to make a contribution.
However, family life should not be established here at the
taxpayer’s expense and all migrants, including those who
are joining family, must be able to integrate into our
communities.
The immigration rules for spouses and other partners were
strengthened in the last Parliament. They have three aims.
First, they tackle abuse. The minimum probationary period
before partners can apply for settlement is now five years
rather than two, which is a better test of the genuineness
of the relationship. It deters applications based on sham
marriages and the criminals who seek to profit from them.
Secondly, the rules promote integration. The minimum income
threshold for sponsoring a partner ensures that they can
take part in everyday life to facilitate their integration
into British society. Being able to speak English is also
essential and helps migrants to participate in the
community and find work. That is why the rules require a
partner to be able to speak basic English, at level A1,
before they can come here, and to speak intermediate
English, at level B1, and to pass the “Life in the UK” test
before they can qualify for settlement.
-
Ms Abbott
We all share the Government’s concern that people should be
able to speak English. However, if the Government are
really concerned, why have they cut funding for English as
a second language? Why have they cut the funding available
to local authorities that were helping to provide that
English training, often in the context of schools or other
institutions?
-
Mr Goodwill
People have to get an English qualification at level A1 in
their country before they come here. I represented
Yorkshire in the European Parliament, and having
represented many of the communities there, I know the
disadvantage that many children face when they start
school—perhaps second or third-generation English-born
children—if they do not speak English as their first
language. Having that ability in English is absolutely
vital not only for the integration of spouses, but for
enabling children to progress in life. That is why we set
these levels and why, from 1 May 2017, we are introducing a
new English language requirement for partners applying for
further leave after two and a half years in the UK on a
five-year route to settlement. That will require them to
progress to A2 level from the A1 level required on entry.
Thirdly, the rules seek to prevent burdens on the taxpayer.
That is achieved through the minimum income threshold of
£18,600 a year to be met by those wishing to sponsor a
partner to come or remain here, with higher thresholds for
also sponsoring dependent, non-EEA national children. It is
right that those wishing to establish their family life
here must be able to stand on their own feet financially.
That is the basis for sustainable family immigration and
for good integration outcomes.
-
The Minister argues that migrants coming here should stand
on their own two feet, so why will he not take into account
their potential earnings when they go out of their way to
show that that is exactly what they intend to do?
-
Mr Goodwill
That point was raised in the debate, including by the hon.
Gentleman’s Front-Bench colleague, the hon. Member for
Glasgow North East (Anne McLaughlin). Employment income
from the migrant partner will not count towards a minimum
income threshold. We will not take into account the
previous, current or prospective earnings, or any job offer
of the migrant partner, when they apply for entry clearance
to come to the UK. Employment overseas is no guarantee of
finding work in the UK. Partners coming to the UK with an
appropriate job offer can apply under tier 2 of the
points-based system. Those using the family route to come
to the UK must be capable of being independently supported
by their sponsor or by their joint savings or
non-employment income. When a migrant partner is in the UK
with permission to work, we will take their earnings from
employment here into account.
As I was saying about the rules relating to the £18,600
threshold, it is right that those wishing to establish
their life here can stand on their own feet financially.
The previous requirement for “adequate” maintenance meant
that any sponsor earning, after tax and housing costs had
been deducted, more than the equivalent of income support
for a couple—around £5,700 a year—was deemed to have
sufficient funds to sponsor a partner. That was not an
adequate basis for sustainable family integration and
provided little assurance that couples could support
themselves over the long term. That is why the minimum
income threshold for sponsoring family migrants was
introduced as part of the reforms of the family immigration
rules implemented in July 2012.
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The Minister made the point that he has represented parts
of northern England. Does he not accept that the threshold
discriminates against people in the north of England, such
as those in Rochdale and other towns and cities?
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Mr Goodwill
I am coming to precisely that point. We have heard the
Migration Advisory Committee described in glowing terms in
this debate, and I pay tribute to the work it does and the
analysis it undertakes before reaching its conclusions. Its
report, published in November 2011, recommended that the
threshold for a couple should be set between £18,600, the
level at which a couple settled in the UK generally ceases
to be able to access income-related benefits, and £25,700,
the level at which the sponsor becomes a net contributor to
the public finances by paying more in tax than they consume
in public services. The lower figure of £18,600 was chosen,
partly because of the points made about incomes being lower
in other parts of the country.
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I suggest respectfully and gently to the Minister that we
need to consider regional variations in relation to that
figure. In my contribution I referred to myself and those I
know in Scotland. The threshold should fall to £15,000. I
think that that is the figure we should consider for
regional variations; it would adequately enable people to
live in my constituency and across Northern Ireland.
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Mr Goodwill
I appreciate the point that the hon. Gentleman is making.
The provisional annual survey of hours and earnings data
shows that gross median earnings among all employees in
2016 were £23,099 for the UK as a whole, but they exceeded
£18,600 in every country and region of the UK—in Scotland
the figure was £22,918, and in Ulster it was £20,953.
Incidentally, for Yorkshire and the Humber, my own region,
the figure was £21,235.
That income threshold, and the higher thresholds if
children are sponsored, means that the family will
generally be unable to access income-related benefits once
the partner and any children qualify for settlement and
thereby gain full access to the welfare system. That is a
fair basis for family immigration that is right for
migrants, local communities and the UK as a whole.
The Migration Advisory Committee also considered the case
for setting a different level of income threshold by
country and region of the UK. It noted, for example, that a
requirement that varied by region could lead to sponsors
moving to a lower threshold area in order to meet the
requirement before returning after a visa was granted, and
that a family living in a wealthy part of a relatively poor
region could be subject to a lower income requirement than
a family living in a deprived area of a relatively wealthy
region. The MAC could therefore see no clear case for
differentiation in the level of the minimum income
threshold between UK countries and regions, and the
Government agree. A single national threshold also provides
clarity and simplicity for applicants, sponsors and
caseworkers.
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Surely the Minister understands that, regardless of what
average earnings are, we get to the average by having lots
of people who earn more and lots of people who earn less.
What about the people who earn less and will never be in a
position to reach £18,600? Why should their husband or wife
not be able to come and live with them here, in the country
of which they are a citizen?
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Mr Goodwill
Basically, the argument behind it, to which the Migration
Advisory Committee also subscribed, was that there should
not be a burden on the taxpayer. The levels have been set
so that people will not be liable to claim benefits. The
hon. Member for Hackney North and Stoke Newington (Ms
Abbott), speaking from the Labour Front Bench, discussed
challenges in court, as did other Members. The Government’s
position on this issue has been supported all the way
through the courts, which is why we are now at the Supreme
Court, the last point of appeal.
I will touch on one or two points made during the debate.
The hon. Member for Inverclyde mentioned third-party
support. Promises of financial support from family and
other third parties cannot be counted against the minimum
income threshold. We want the couple to demonstrate that
they can stand on their own feet financially, with adequate
resources that are under their own control and not somebody
else’s. Promises of support from a third party are
vulnerable to a change in another person’s circumstances or
in the sponsor or applicant’s relationship with them.
The hon. Member for Inverclyde also raised the issue of
fees. Income from application fees helps provide the
resources necessary to operate the immigration system, with
the remainder currently provided through general taxation.
In the recent spending review, the Home Office set out its
objective to work towards a border, immigration and
citizenship system that is fully user-funded by 2019-20.
The recent fee increase reflects this objective. Fees are
set above cost recovery to reflect the administrative cost
of processing an application and the benefits arising to
those granted leave. It is right that fees are charged
directly to users of the immigration system who benefit
directly from the services provided.
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The Minister is doing an exceptionally good job of reading
out the policy, but does he accept from all the examples
given by various Members of Parliament and many others who
deal with such applications that the system does not work
and continually falls over for individual constituents?
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Mr Goodwill
I am certainly more than happy to become personally
involved if there are cases where we have not applied the
rules correctly. Sometimes we make mistakes—sometimes
documents are lost in transmission, for example. I know
that the civil servants working in the Home Office who
provide support to MPs are assiduous in ensuring that any
mistakes that we make are quickly rectified and that the
people involved are not put at a disadvantage.
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I mentioned Christine, my constituent, who is now unable to
meet the minimum income threshold because both of her
elderly parents are sick and she is their carer. She is
saving this country thousands of pounds. Probably the
correct rules were applied, so I am asking the Minister not
to do what he has offered to do—intervene when the rules
have been applied incorrectly—but to consider making an
exception in the case of Christine, who could do with her
husband being here and who has selflessly given up the
potential to earn enough money in order to look after her
parents. Will he consider looking into her case and making
an exception?
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Mr Goodwill
I will certainly consider the case, and I would welcome a
meeting with the hon. Lady so that she can explain it in
more detail.
Under the rules, the income from employment of the UK-based
sponsor can be counted in one of two ways. The person must
show either that they have received the level of annual
income relied on from employment held for at least six
months at the date of application, or that they are
currently in employment earning that level of annual income
and have earned that amount from all employment undertaken
in the previous 12 months. That provides some flexibility
for those who change employment. It also gives us some
assurance that the person is qualified for and can hold
down employment at the level of income relied on. We
otherwise risk being presented with applications based on
earnings that do not accurately reflect the employment
capacity of the person concerned. In order to maintain the
integrity of the system for all applicants and sponsors, we
need rules in place to prevent that.
The rules also take into account a wide range of other
sources of income for the couple and their cash savings.
Since July 2012, many changes have been made to the rules
to enable more sources of income and savings to be counted
and to introduce more flexibility on the required evidence.
For example, cash savings, which otherwise must be held for
at least six months prior to the date of application to
help show that they are under the couple’s control, can now
include proceeds from the sale, within that six-month
period, of a property or investments owned by them.
The rules do not take account the employment prospects of
the migrant partner or a job offer to them, as I mentioned;
employment overseas is no guarantee of finding work in the
UK. However, when they get here, they can contribute to the
family income and meet the rules in that way. The couple
can rely on accommodation provided by a third party. The
minimum income threshold reflects average rent, so that the
couple can be expected to make their own arrangements later
if need be. The immigration rules for spouses and partners
have been upheld as lawful by the courts.
I was looking forward to hearing what the Labour
Front-Bench spokesperson would have to say on behalf of the
official Opposition. I had rather hoped that she would fill
some of the vacuum that seems to be Labour’s immigration
policy at the moment. She talked a lot about US immigration
policy and criticised our policy, but she failed miserably
to propose concrete alternatives that would be operable and
maintain our wish to counter those who seek to exploit the
UK with sham marriages. Hopefully things will become clear
at some point between now and the next election.
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In my contribution, I asked the Minister a question, which
I think I saw him take note of, about those who are
applying to come to the United Kingdom. Can their income in
the countries they work in be part of the equation? I ask
him to look at that and, if necessary, come back to me and
to all hon. Members present with an answer in writing.
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Mr Goodwill
I am happy to have another look at that rule but, as I have
already mentioned, the fact that a person has a job abroad
is no guarantee of employment here in the UK. However, if
that person arrives in the UK and works, their income
contributes to the family income and will be taken into
account.
We continue to keep the immigration rules for spouses and
partners and their impact under review. There were 28,443
partner visas granted in the year ending September 2016—a
decrease of 26% from the 38,355 partner visas granted in
the year ending September 2010. Our overall assessment is
that the current rules are having the right impact and are
helping to restore public confidence in the immigration
system. I am grateful to have had the chance to hear the
views of hon. Members on these issues.
10.50 am
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I thank all hon. Members who have taken part in the debate.
They have made some incredibly powerful and heartfelt
contributions on a whole range of troubling issues, including
the ridiculous income threshold, the crazy evidential
requirements that too many applicants have to meet, the cost
of applications and the processes involved—we could even
throw in the ridiculous appeal times that too many people
face. There is also a chicken and egg situation with visit
visas: people are refused a spouse visa because they are a
few hundred pounds short of the financial threshold, and when
they apply instead for a visit a month later, they are denied
it because the Home Office does not think that they will
leave again. It really is a horrible situation, and too many
people are left in it.
The Minister is a very engaging chap; he is always open to
meetings, and I absolutely respect him for that. He inherited
these rules—that is his unfortunate position—and he has done
his best to defend them, but the Government’s arguments are
indefensible. Once again, they are operating at the
extreme—other Governments are not doing this. What is more,
the Government are completely out of tune with public opinion
on the issue. If you went out into the street right now, Ms
Ryan, you would struggle to find anyone who thought that an
£18,600 threshold was a reasonable way to calculate who
should be allowed to come and join their family here. Most
people would find it totally outrageous that somebody’s job
offer or potential earnings could not be taken into account
towards the target.
These rules are, essentially, the Prime Minister’s; she
introduced them and she made these migrants subject to the
net migration target. What does it say about the Government
that they have an official target that encourages the Home
Office to pursue and implement policies that reduce the
number of husbands, wives, children and parents able to come
into this country? That is little short of appalling and
shocking. I hope that the Minister or the Home Secretary will
take away the powerful critique made by hon. Members today
and will tell the Prime Minister that it is time to stop
hurting families and children.
Like other hon. Members here today, I think that the rules
need to be fundamentally rewritten. I will make one final ask
of the Minister: will he think again about the refusal to
take applicants’ prospective earnings into account? A
commitment was made in Parliament, not by the Minister’s
immediate predecessor but by the incumbent before that, to
look at that again. It is the most ridiculous of all the
rules, and I hope that it, at least, can be looked at anew.
Question put and agreed to.
Resolved,
That this House has considered immigration rules for spouses
and partners.
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